The Director General of Police has given him a breather in an assets case registered against him, but suspended encounter specialist Daya Nayak’s return to the force is not guaranteed.
A day before he retired on October 31, Director General of Police (DGP) S.S. Virk refused to allow the Anti-Corruption Bureau (ACB) to prosecute Nayak in the disproportionate assets case he faces.
The case details wealth allegedly amassed by Nayak disproportionate to his known source of income. Virk’s order cited insufficient grounds to prosecute Nayak, but said a departmental inquiry can be initiated against him.
“After going through the file, there appeared insufficient grounds for the prosecution of the officer as sought by the ACB. However, I have recommended departmental inquiry against him,” Virk told HT.
ACB sources said that following Virk’s refusal to authorise his prosecution, the ACB could ill afford to frame charges against Nayak as this prosecution is mandatory for the filing of a chargesheet.
“The best we can do now is file a final (summary) report before the special court. The next course of action will be the court’s prerogative,” an ACB official told HT while requesting anonymity since he is not authorised to speak to the media.
Even if Nayak gets a favourable response from the court, he will face a Mumbai Police departmental inquiry, typically conducted by the force’s Administration Department.
Only if that internal inquiry clears him, will Nayak be deemed fit to return to the force, police sources said.
Nayak, a 1995 batch IPS officer, and veteran of over 80 encounter killings, was suspended from duty in 2006, following an ACB probe. He was arrested with his wife Komal and jailed for 59 days.
The ACB also arrested two of his associates — Palli Manivellan and Rajendra Padate — on allegations that they had invested Nayak’s money. The state Human Rights Commission had passed strictures against the ACB in 2008, for the wrongful arrest of Manivellan and imposed a fine of Rs 25,000.
Virk’s refusal to allow Nayak to be prosecuted is seen as a major blow to the ACB and its case against Nayak.